i think the number one thing that viewers like about the young turks is that we're honest. they can question whether i'm right, but i think that the audience gets that this guy, to the best of his ability, is trying to look out for us. >> cenk: welcome to the "the young turks." guess what kind of show we have for you guys, an awesome show. first of all they're putting high-powered rifles in schools in california now. bad idea. >> the place in connecticut called newtown, there is a shooting up north in northern california. there was a shooting in texas. do we wait until kids and staff members are killed before we take proactive action? >> cenk: it's not proactive action. i'll talk to a person fighting against that in just a minute. and then, the republicans have a

brilliant new idea. why don't we do some tricky moves, redistrict, and then romney would have won. or their new candidate in 2016. the story that has me fired up. the c.i.a. officer that revealed that there was torture 30 months in prison. >> the only person going to prison about the torture regime is the guy who blew the wrestle on the--who blew the whistle on torture. not the guys who performed the torture in what happened, president obama. i'm just getting started. it's go time.

[ ♪ theme music ♪ ] >> cenk: all right well, in fontana, california, they have a really good idea. how about if we put high powered rifles right next to kids. >> their purchase of high caliber assault weapons by the fontana school district has parents up in arms. >> i think it's a bad idea about the mental health aspect. >> rifles like these from the cool.com website. they're $1,000 teach. school police chief said the purchase was a must to protect all 45 campuses. >> there is a place up in connecticut called newtown. there was a shooting up in northern california, there was a shooting in texas. do we wait until kids are killed before we take proactive action? >> cenk: how about give all the

kids high-powered weaponry right from the beginning. that's a terrible idea. they're putting their--their colt 6940 guns. enthusiasts can tell me. designed for long distance accuracy stopping power against body armor designed for u.s. special operations. now they're next to your kids. and now the fontana police are armed to the teeth. they have 14 police officers, 40 hours of training, stored in police armory overnight and kept at a safe in assigned schools. there is one person fighting back against this. laticiaf she's a school board member. guess what is happening, she is he right here on "the young turks." great to have you leticia. >> there are a couple of things i don't like. the way the purchase was made, we were not informed of the

board. i sit on the board of education. we were not informed that we would be having these weapons purchased and then they would be stored--there are conflicting reports, we don't know. if they're going to be stored on the school sites, which is the information that i got from the superintendent, or they're transported back and forth from the police department office to the different schools. we still don't know. my thing is they should not be at the schools, number one. number two, we should have had an opportunity to vet this issue with the board of education as well as the community. they should have had some input as to whether we wanting to this route. >> cenk: i want to talk about both of those issues. first in terms of whether it's going to work. there are a couple of argument they will be deterred because we have assault rifles, and then two, they're disturbed and they kill themselves. they're disturbed any way. now when i was in school.

you have to understand that i was a massive dork and i once broke into the school. i would have gotten 20 years for that now but back then they let you fight. i broke into the school because i forgot mycal my calculous home work. and i needed my text book. kids getting ahold of the rifles is that one of your concerns. >> in the transportation of them, even a police officer could be overcome, and whether or not they would have access if they were innovative. break a lock and break into a safe. there are a lot of questions that need to be answered before we take that kind of a step. unfortunately, that did not happen. we did not have the opportunity the community didn't have the opportunity to ask these questions and get these answers.

>> cenk: so let me go to that issue. the chief of police said that's not true. he said, quote not once throughout this course of this has garcia, you has reached out to find out why this is needed. who is telling the truth. >> i will tell you i have not reached out to him. the found out about this after the fact. and at this point there were two piano in the community who reached out to me and asked why you approved of this. i didn't approve of this, and i didn't know they were on campus. the reason i haven't is i don't--everyone should get the information at the same time. we should have a conversation in public in the light of day with parents invited to the conversation so everyone can get the same information at the same time. that has--hopefully going to happen. >> cenk: can you overturn it? would there be a vote? how would that work. >> there is nothing to overturn. we did not approve of this. this decision was made by interim chief of police, chief

green, and the superintendent. he were informed of the purchase of rifles in december. but we were never informed they were going to be located on campuses. >> cenk: so now they're going after you. there is a newspaper article out about who you were married to, and they say he was a gang member etc. how do you respond to all that, and why do you think they're doing it. >> because there is a vendetta against me--there is a community leader who has a vendetta against me personally, and every time there is an issue that i have questions about and i am have questions. she turns it into a personal attack. my personal life is no one else else's business. i'm concerned about the access these kids have to these guns. i'm concerned about the direction we're going as a community and as a society. and i want to deal with this peaceful. >> cenk: i thought it was an interesting attack. they mentioned who you were married to, he was in prison and

stuff. what was their point you want people attacking schools? i didn't understand the point of the attack. that's why i was a little dubious of it. and it feels a little dirty because they should be fighting you on the grounds of substance of this issue because it isn't about you. it's about the kids in the school. >> it is. it is about the kids and what we're doing as a community. we should all be coming together to find solutions that don't include as our chief of police said neutralizing and killing. we have 11-year-old children who slow up to school with plastic pellet guns that look very real. what are we going to do, shoot them? we are to neutralize them and kill them according to the chief of police. >> cenk: he showed us an old rifle, earlier before the show he was showing me a picture of these new kind of toy guns that look exactly like an ar-15. they don't have a red tip.

they don't have an orange tip. they look like an ar-15. but it's a water gun and a kid could bring it who can't wait how far he can shoot it, that scares the hell out of me. >> and it's my responsibility to ask question and say there are could be liabilities. >> cenk: what do they call fontana, funtucky. >> i don't refer to it that way. it's beautiful. >> cenk: you're a representative, but for people who don't knowcal, it's a little bit more rural. it's not in the middle of los angeles. which way do you think it's going to go? >> i think we're going to have a conversation, and we will decide whether or not it needs to be--we need to have a policy of how we're going the implement the use of these weapons and where they're going to be stored, or if we're going to continue to keep them. we'll have to have that conversation and that will happen on february 6th.

>> cenk: we'll look forward to that. we have a story of a cop who leaves his gun in the bathroom. his fifth grader is there. man, as a parent, that scares the hell out of me. i don't want guns anywhere near the schools. on the substance i'm with you. thank you for joining us. >> thank you for having me. >> cenk: no problem. the republicans have a new dirty trick. when will they run out of dirty tricks? the answer may be never. what it is and how we can fight back. we'll be right back. >> we will carry the state of ohio, he wins re-election. event. >> it doesn't anymore real than this. >> current's award winning original series is back with an all-new episode straight from the headlines. in the minefield of the nation's gun control debate, this could be the most polarizing issue. >> anybody could claim "stand your ground" and they can get away with murder.

>> only on current tv.

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i want the people who watch our show, to be able to come away armed with the facts, and the arguments to feel confident in their positions. i want them to have the data and i want them to have the passion. but it's also about telling them, you're put on this planet for something more. i want this show to have an impact beyond just informing. an impact that gets people to take action themselves. as a human being, that's really important. this is not just a spectator sport. >> cenk: we're back on "the young turks." you know how we do elections in this country. we do state by state and then count all the votes in florida although in florida you don't necessarily count all of them, but you're supposed to count all of them. whoever winds the votes up with the

most votes they have the electoral vote from that state. now what if we did not count the popular vote would that make a difference? it would maybe a gigantic decision. states considering this is virginia, michigan, ohio and pennsylvania. president obama in the last election won 51% of the popular vote, hence carried the state as it should be. if the republicans had gotten that law passed before the location he wouldn't have only gotten 4 out of the 13 electoral votes although he had the majority of the votes. that's called tricky and perhaps dirty politics. to give you a sense of it p president obama cleaned romney's clock when it comes to electoral votes.

now maybe we should just go with the popular vote which i this is fairer and president obama's margin of victor of popular column is larger than the popular vote over all. but if you did the republican plan, even though president obama won the popular vote by 5 million and currently won over by 120 votes in the electoral college. in the republican fan the republican candidate would woo have been. is this so controversy that even some republicans are saying, well it seems a little embarrassing. here is pat mullin in virginia who said changing the electoral college rules in vow is not at all on my list of priorities. people get mad when you try to subvert democracy and have someone who did not win the popular vote become the president, not that that would

ever happen in a presidential election or anything. but reince priebus thinks, hmm we can't seem to win elections otherwise. all of a sudden it's an interesting idea to him. it's something that a lot of states that have been consistently blue that are fully controlled red ought to be looking at. meaning, even though these states are voting for democrats we have found a way to control them politically and maybe we should look at making that permanent. again, that would appear to be anti-democratic. let's talk to a couple of experts. our own michael shure epics politics man. we don't call him epic for no reason. and chris moody. thank you for being on the program. >> thank you for having me.

>> cenk: chris how is this playing out so far. he have some republicans saying this is kind of interesting and then you have some who say this is too far. are they going to actually do it? >> this bill was dead on arrival. it won't even make it past the committee. they don't have the votes in the committee to put it on the floor of the virginia legislature. they talked about it breathlessly but it's not going to see a vote. the governor of virginia, a republican, said he's against it. this bill has been introduced into the virginia legislature 13 times in the past ten years. most of the time by democrats. it goes both ways of people trying to do this idea, but it's not going to happen now and it's not going to happen any time soon. >> cenk: i knew there was a reason why we had you on. that's an excellent point. really, the political parties are trying to find a political advantage, hmm. >> they do that. now it's not a good idea because

it's by district, as you pointed out. they're all gerrymandered. some of them look like crazy numbers and shapes that have not been invented yet. they made it so that republicans can win in their districts and democrats with win in there is theirs. this is an idea that is dead on arrival. >> i think the gerrymandering is insane. i know we've gotten used to it, but we shouldn't get used to it. for the audience, the democrats in the house got 1 million votes than the republicans did even though they're in the minority because the districts are so gerrymandered and drawn up in funny ways, even though they have less votes the republicans have more house members. there is something fundamentally wrong. you know what i'm reminded of, senator bunning from kentucky before he retired introduced the

idea of not continuing the unemployment sures and the republicans were saying, no, that's crazy. we're not with this guy. then a couple of years later it's standard operating procedure for republicans. >> one thing to pay attention to, it is how they do it in maine and to a degree in nebraska even though nebraska is more complicated than maine. they're trying to do it--the proponents say it's the most democratic way to do it, but it's decidedly undemocratic because they have people drawing the lines. when that happens it can only lead to a very undemocratic and disasterrous result. >> cenk: it looks like we'll avoid it for now and they've been shamed into it. the republicans have retreated from things in the past that seem so controversial only to come back to them later when people had gotten used to the idea oh, maybe not so bad. look as chris pointed out the

democrats have wanted to do it in the past, it doesn't matter which party it is, it's a bad idea. in a democracy more votes should equate to winning the election. the u.s. court of appeals on the dc circuit all three republicans said president obama's recent appointments are not constitutional. quote, obama did not have the power to make three recent appointments in the national labor relations board because the senate was officially in session at the time. how important is this decision in terms of its effect, not only on that four but other eight governing agencies as well. >> well, the game is not over. this is not the end of the line. it will be appealed and likely go on to higher courts. constitutionally conservatives will argue that they're restricting the power of the president, the same way if the republican does it, he'll be restricted either. this will go on to another court

and they could see it very differently. >> cenk: you know, michael i'm really worried about the consequences if they do not see it differently. >> i read the ruling today and it's doll and i'm droll and i'm not good at reading legal documents but it depends on when they go to recess or when it's in adjournment, and it's wonky stuff. >> cenk: please tell me more. >> here we go, let's say they get everything they want. the supreme court passes all the judicial muster it needs to, they could conceivably go in and undo all the work that has been done.

>> cenk: the court would go back and say everything you did to try to protect us from the banks is now invalid. so the banks on wall street have got to be popping bottles of champagne over this ruling. president obama passed the national labor board that is pro union. it's the labor board. i want to go back to that, an interesting comment michael made, whether or not it believe it or not an interesting comment. it isn't a recess appoint before they go to lunch on the other hand the republicans say we'll bring someone in for ten seconds and even though we're in recess it will be technically in session. how do you resolve that? >> well, they do this all the time where they have a session

in the morning but nobody is there. they're technically there but the warm bodies are off in different parts of washington or even in their districts. like i said before. in these case it is you let the president do--the democratic president do something like this now during an actually recess, the republican will claim that power a couple of years later. just like the virginia thing where you give them the power the tables can always be turned, so you have to be very careful. >> that is the underlying factor of the filibuster that we didn't see reformed yesterday. it's the same thing. it's an insurance policy against when they're in power. >> cenk: wrong again. i vote against both of you. let's be reckless. chris moody, great information. michael shure hanging in there i'm just playing with you. >> i'm in recess. >> cenk: we're going to take a recess right now. president obama you're not allowed to make any appointments during the commercial break.

when we come back, stand your ground. a brilliant documentary about vanguardfromvanguard related to who can you kill when can you kill them and how can you get away with it. >> i'm gonna try one shot. if he stops great. if not we'll go from there. >> do you wish you'd kill him? >> that's hilarious! >> ...and the thinkers thinking. >> okay, so there's wiggle-room in the ten commandments is what you're telling me. >> she's joy behar. >> and current will let me say anything. >> only on current tv. desmond tutu said a quote that is one of my favorite quotes. "we are tied together in a web of humanity. i am a person only through you. i can only be a person only through you." that really resonates me and

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[ ♪ music ♪ ] >> cenk: we're back on "the young turks." guess who is back, vanguard tonight at 9:00 eastern. it's called "right to kill: stand your ground usa." it's an amazing look at the "stand your ground" laws around

the country. one of the things that they did was look at these trainings. in in the trainings sometimes unfortunate things happen. get allowed of the simulations they've been doing. >> don't move. give me your wallet. don't move. >> that's all i got. >> you have a driver's license. >> come on go. >> he has got a gun. >> was that similar to the scenario you encountered. >> yes. >> is that similar to the way you would have reacted? >> given the chance. >> the situation where you did escalated it, but then you were justified to shoot him in the back. but if he did turn around like he generally did and saw you with the gun now he chose to think of a gunfight. >> cenk: that bothers me every time i see it. that shooting in the back thing

is a little problematic but go for it. in is a training. to give a sense of the results of all this. stand your ground was passed in 2005. look at justifiable homicide since 2005. through the roof. we're giving people the license to kill. let me bring in kristof vanguard writer. i want to talk about chives people first. it looks like stand your ground should have applied but it didn't. >> a man useing a penknife to defend himself against a gang attack seems like exactly the kind of case that strand your ground is supposed to cover. although he was able to use it

horror chivas people. his actioned might have been justified under the laws. >> he was sentenced 15 years for manslaughter and 15 years for using a weapon as a penknife. he got 30 years in total. >> 30 years especially when they were beating him i can't understand that. >> cenk: kristof, that's really interesting. we cover a lot of cases where they shouldn't use stand your ground, but in this case they should have. what do you from that? >> there is not a whole lot understanding of the law for a lot of people. you're dealing with social economic issues with this. there are a lot of people who don't have the resources to hire a lawyer, they go with the public defender, and maybe

that's just one of the reasons we wanted to look at this. the law is not applied the same way to everybody. >> cenk: that's interesting. it gives the prosecutor a lot more discretion as to which way they're going to go on this? does it empower them to be perhaps more of a judge and jury in some ways in whether they apply this or not? >> no question about that. look the reason why we looked at so many different cases because we wanted to take a look at this law and see how is this being used, and who gets to use it and who doesn't. >> cenk: that brings us to jay rodney lewis. many people look at this as why stand your groundworks. he's a former irs employee and former law enforcer. >> he stopped. he took a half turn

counterclockwise, turned away from me. then he turns from back around and started to charge at me. that's when i shot him. >> getget away from me. i man just attacked me. i've been attacked. >> please sir. >> i need a police officer. i am being attacked. >> did i hear you say you have a gun. >> yes, i do. a man attacked me. i fired a shot. >> cenk: as i watch that, i'm not convinced if that's a good case. he said i'm being attacked after he shot the guy. >> well, all of these cases they're--they're challenging cases. but the bottom line is that the reason jay rodney lewis is pedal upheldup as to why stand your ground should apply is because he end

up going to jail. he paid a lot of legal fees. he lost his job. evicted from him home and he was homeless. this is a case if you're going to follow the law maybe this is a case where he should have been able to use it. >> cenk: but i'm going to put you on the spot. i don't believe in the "stand your ground" law. i believe it was a bad law. if it empty there was the other guy armed? in that case he didn't die but did somebody have to get shot in this circumstance? could it have been avoided? >> cenk, i think you're asking the ultimate question about this law. could it have been avoided? the thing is, look, there are a lot of guns in this country. there are a lot of people carrying them. the bottom line a lot of people don't flow when they can and can't shoot somebody. in these cases they're taught to shoot. when you're carrying a gun you are thinking about shooting. you're thinking about how you're going to use it if you're in a

bad situation, a tricky situation as opposed to thinking what else could you do to avoid this. >> cenk: that's the whole problem. >> that's the whole issue. >> cenk: that's it in a nutshell. >> and this isn't mace, these aren't clubs. these are guns. these are bullets that go right through people and kill them. >> cenk: in the case of jay rod lewis, it didn't kill the guy but you asked a devastating question. >> do you wish you would have killed him? >> um, that's a--i'm going to be frank with you. i got a feeling i'm going to say yes because this guy demonstrated to me that he is a thug and a bully. he had criminal history including a history of criminal violence.

i think he is he going to continue to escalate, and he's not going to stop until he kills somebody. >> cenk: were you surprised by that answer? >> you know, to be perfectly honest, cenk, i wasn't. throughout this piece what a lot of people told us was look, dead men don't talk. that's--that was kind of the bottom line of something that was--there was an under current of that with everybody we talked to. the reason why people were saying that is in a lot of these cases there is only one person left with the story of what happened. you've got forensic evidence and you have witnesses in some cases but in a lot of cases you don't. sometimes and in some people's opinion that person is better off left dead with only one version of the story. >> cenk: that's powerful. >> i heard that again and again. dead men don't talk. >> cenk: oh, all right. everybody check out the whole

documentary. it's fascinating. it's called "right to kill:past stand your ground in usa." kristof, you're in new york because you're offered 18 other awards, do you upon the, dupont, etc. >> it's been a good week but i hope you tune in to watch this one. >> cenk: good talking to you kristof. >> thanks. >> cenk: when we come back, a fascinating picture taken of a young kid dressed in a kkk outfit you're about to see with a black tie. it was from 20 years ago but it has gone viral today. we'll talk about why, and the emotions behind it, and the guy who took the picture will join us. >> i guess you could say it was something racial. i don't know if there would have been the reaction to it if there had been a white trooper standing there. it would have been just another photograph.

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and you are. [ male announcer ] ask your doctor if chantix is right for you. >> ripped apartment birmingham 16th street baptist church. >> cenk: we still have a clan issue today in this country. they picked up membership significantly over the past four years. one guesses as to why that might have happened. we're going to talk about this and iconic photos while i have all of my rowdy friends, ana kasparian, michael shure and jayar jackson the birthday boy. happy birthday, jayar. and let me show all of you guys a picture here. this was a picture taken in gainesville georgia on september 5, 1992. a young kid dressed in a clan outfit and his parents had

brought him there and he's looking at his own image in the shield of a black troop center georgia. that was 20 years 1992. but it has been revitalized in some way and it's gone viral and it's being used everywhere. and i guess it strikes a chord with people and that's why they're doing it. interestingly enough we found the person who took the picture and the trooper involved. let's hear from the trooper. >> i'm there doing a job. his mother and father brought him there. i don't know how he wandered over to where we were. he was tracing his reflexion on the shield. i looked found and thought, what is that? i wasn't doing it. when i looked down there was this little kid dressed in a clan uniform. >> cenk: the other guy you saw there was todd robertson. he was the photographer and carpenter now. he's on "the young turks" right

now. todd, thank you for joining us. i really appreciate it. >> thank you for having me. >> cenk: tell us about that picture back then. what was happening and why did you decide to take that picture? >> well, i was on assignment for the local newspaper there, and i actually had to--i was there with another staff photographer. we were just kind of spending the day taking pictures, of course, a lot of other photos during that day but nothing really too exciting until this happened, of course. and for the most part it was a pretty normal, pretty ease-going day. until this happened, more or less. but a lot of times it was kind of funny because you wouldn't even know you had it back in the old days of negatives. you couldn't see what you had in those little pictures every time. it was just kind of being in the right place at the right time. >> cenk: that's interesting. it's now become an iconic picture in a lot of ways. when you developed the photo did you think, wow this is

really powerful. i think i might have something here? could you have possibly imagined it having the affect that it has had on people. >> i never would have thought we would have this much attention out of it, especially this many years later. it obviously tells a story without having to have too many words along with it, but for the most part it was just--i was standing right next to a staff photographer looking the other direction than he was. i'm not really--it wasn't me. just the photo more or less. >> cenk: i want to ask todd and everybody here what do we get out of the picture and why is if striking a chord with everybody. todd why do you think everybody is focusing on it? >> well, in my opinion it tells the story that we're not--we're not born to hate. we're not born to feel prejudice in any way. we're not born to have this kind of feelings, negative feelings

towards other people in any means. it's a learning process. you're kind of in some ways a product of your environment, i guess you could say. hopefully this kid turned out to be okay. i'd like to know. does anybody out there know? >> i was going to ask you the kid is probably 22, 23 years old right now. >> somewhere in that range. >> i'm guessing from your response you don't know who it is or they would have been at the table with you and the police officers? >> at this time we don't know for sure who he is. they think they know but haven't been able to make contact with him at this time. >> cenk: you know, we train our kids in 100 different ways. you have to understand brainwashing we do in positive ways. we tell them to eat with a fork and knife and if you believe in religion and if you think of something good you take your kids to church and you teach them positive things, etc. but you teach them bad things, too. as you see this, there is

obviously no way in the world your kids would california say say california. he couldn't tell if there was a black or white person. >> i have a similar reaction to todd. when we see adults spouting off hateful things, we don't have any sort of compassion for them whereas i look at this kid and i think, he has no hope. he's being raised with this hateful message. of course he's going to most likely turn into a very hateful person. i think it might change the way i talk to someone who is deeply racist or sexist in any sort of way. >> cenk: it goes to insecurity and how they were raised, but we don't know. i would like to find the kid. you don't have to go in that direction, but it predisposes you. but jayar, it creates sympathy for the racist. >> this is what you would hope to happen, as hermella said,

when you see someone raised this way, you see this picture that highlights it, people are not born this way. but when you say people were born to be something say a criminal or someone who robs things oh, this kid he's just a product of being a bad person. his parents didn't do right. in reality, your environment forces you to do what you think you have to do because that's just all you've ever known. sometimes that's hard to convey to people. you see what people are developing into. you could maybe have some realization to fix things rather than throw people aside which causes more hate and more destruction. >> cenk: i want to show one more thing from an agency night line report from october 26, 2012. cynthia mcfadden is doing the report. >> reporter: by the late 80s the clan had dwindled to by a few hundred. they number to 6,000.

>> many chance we have talked to said barack obama has been our single effective recruiting tool. >> i think there is some truth to that. >> reporter: steve and his wife nicole tell us something stunning about steve's 11-year-old daughter who is here for all of the night proceeding. >> your 11-year-old daughter has a robe? >> cenk: ed >> cenk: todd, they don't see this as something negative. i'm teaching her the right thing. i put a robe on her and she knows how to conduct herself. there. >> there were two kids that day the other probably a little younger, probably from the same family. they didn't know what was going on. halloween or something. they didn't know what they were doing there. >> what is poignant is the kid looking in the mirror. as adults we say take a look in the mirror and look at what you've become. i imagine this 22-year-old in my

hopeful way looks back and sees himself as a child. >> cenk: hermella says she's sure he's a racist and you're hopeful. >> when you have a certain population in the country who are racist racists in the country, you have another part of the population who deny that there is a problem. this guy is somewhere around my age and he was taught to hate. who knows if he learned and became smarter and realized that his parents are idiots and teaching him stupid, hateful things that they shouldn't have taught him. but there are some people who bought into the indoctrination and believe it. >> cenk: and they're out there. todd, thank you so much for joining us. we really appreciate it. and we have to take a quick break here. the story that has me enraged about a whistle blower from the c.i.a. who is now being sent to prison.

>> did i commit that crime? yes, i did. i didn't have any intent to commit a crime. i didn't have any intent to harm this individual. [ voice of dennis ] allstate. with accident forgiveness, they guarantee your rates won't go up just because of an accident. smart kid. [ voice of dennis ] indeed. are you in good hands?

>> cenk: we're back on "the young turks." president obama said he would not look backward, he would look forward, hence, he would not investigate the c.i.a. agents who might have tortured people through waterboarding. well a 14-year c.i.a. veteran and he actually exposed the waterboarding program. he was one of the guys who apertured abzabadah. but he's going to prison for 30 months. 30 months is significant jail time. could it be because he actually revealed the torture program in the first place? now remember, it's not president bush that is trying to prosecute him and send him to prison for 30 months.

it's president obama. algiaal-jazeera has an interesting report on it. >> the plea deal he'll serve two and a half years. >> did i commit that crime? yes, did i. i didn't have any intent to commit a crime. i didn't have any intent to harm this individual. >> reporter: he's the first cousincurrent c.i.a. officer to be convicted of the event. he was the first to be convicted of water board forture. he believes his conviction is politically motivated. >> cenk: as i look at that case i think, you know, why does he do it? why does president obama the national security ask him to do. maybe he wants to? make he gets off making sure

anybody who dares reveal the government is doing is bad that he claims to be against is punished and is put in jail, but the guys who do the torture get to walk away. am i seeing it wrong? >> i'm a little conflicted on this story. the fact of the matter he committed a crime, and he must have known that he was committing a crime. he is a former c.i.a. operative. he's not stupid. he must know the rules. i'm not saying that he should be put away for two and a half years. he's a father and he has children, but at some point he did commit a crime. i'm not saying that he was the only one who committed a crime. >> his defense is that he did not know that--he thought it was over with. that he was allowed after the agent retired. he didn't deserve 30 months if nobody else is getting any crime. the only person who has any time here, the only person who is going to jail because of torture, a policy of torture in america is this guy?

that's willy-nilly haphazard justice. >> i don't see anything that confirms that. i look for t but we might be making a connection. >> cenk: no way not buying it. not buying it, and i'll tell you why. it's selective prosecution. you can go after anybody for anything. you track 'em and oh that guy jaywalked. did he a crime peace not why they're going after him. i can prove it to you. bob woodward has top-secret information put in his book everybody acknowledges, there was a great piece on it, top classified anything more secret than bradley manning revealed bob woodward is in jail because the government wants to brag about that stuff. they're frauds. they're frauds. >> don't you think the argument should be those guys should be in jail and not so much that

this guy should get scotch free. >> if they had jailed all the torturers and all the leakers and then got to him and said you might have mistakenly done this, but everybody else is going to jail, you got to go to jail. the only message the government is sending don't mess with us. we'll torture you. if you dare to reveal information you're going to jail. >> the prosecutor was not happy they wanted more jail time. >> and so did the judge. >> when it comes to civil liberties and all the violations whether it's the drone strikes, the in indefinite detention they should be held accountable. >> cenk: i love the conversation. come back for one last point.